Hardy v. Hardy's Heirs
Supreme Court of Alabama
Appeal from the Court of Probate of Dallas. This was an application by Rempson R. Hardy, the appellant, to have admitted to probate,-as the last will and testament of Jesse Hardy, deceased, a paper of which the following is a copy: “ State of Alabama, ) Know all men by these presents, Dallas County. f that I, Jesse Hardy, for the natural love and affection that I have for my son Rempson Hardy, and for and in consideration of the sum of one dollar to me in hand paid, at and…
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Appeal from the Court of Probate of Dallas. This was an application by Rempson R. Hardy, the appellant, to have admitted to probate,-as the last will and testament of Jesse Hardy, deceased, a paper of which the following is a copy: “ State of Alabama, ) Know all men by these presents, Dallas County. f that I, Jesse Hardy, for the natural love and affection that I have for my son Rempson Hardy, and for and in consideration of the sum of one dollar to me in hand paid, at and before the delivery of these presents, by the said Rempson Hardy, I, the said Jesse Hardy, do give, grant and convey to…
1Opinion of the CourtGrOLDTHWAITE, J.
—The act of 1806 (Clay’s Dig. 598, § 15) provides, that when any will has been admitted to probate, it may be contested by any person interested, by bill in chancery, within five years thereafter, and that unless so contested, it shall be conclusive and binding upon all parties,— extending, however, to infants, married women, lunatics, and persons absent from the State, the right of contestation to five years after the removal of their respective disabilities. Under this statute, the probate is conclusive, unless the will is contested in the mode and within the time fixed.
In the present case,…
2Cited by10 opinions
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Moore v. McKevittCalifornia Supreme Court · 1919
- Christian v. MurraySupreme Court of Alabama · 2005
- Caverno v. WebbSupreme Court of Alabama · 1940
- Ex Parte DozierSupreme Court of Alabama · 1953
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